For the purpose of this chapter, certain terms are herein defined. All words used in the present tense include the future tense. All words in the singular include plural and all words in the plural include the singular. The word “shall” is mandatory and not directory. The word “used”, shall be deemed to include “designed, intended or arranged to be used”. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Bordering.
ACCESSORY BUILDING. A subordinate building, located on the same lot as the main building, the use of which is naturally and normally incidental and subordinate to that of the dominant use of the main building or land. No ACCESSORY BUILDINGS shall be used for any purpose other than that allowed by existing or future village ordinances.
ACCESSORY USE. A subordinate use customarily incident to and located on the same lot occupied by the principal use, and the term as herein defined shall include in its definition any improvement appurtenant to such lot.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packaging, treating or storing the produce.
ALCOHOLIC BEVERAGE. Any liquid designed or commonly used for human consumption, as a beverage, containing any percentage of grain or ethyl alcohol by volume and shall not be limited to “intoxicating liquor”and “liquor” as defined in R. C. § 4301.01(a)(1).
ALIGNMENT. Location with reference to a line touching the foremost enclosed portions of buildings.
ALLEY. A public way, contemplated for the use of vehicular traffic, which affords secondary means of access to property abutting thereon.
ALLEY LINE. A lot line bordering on any alley.
ALTERATION, STRUCTURAL. Any change or replacement which would tend to prolong the life of the supporting or structural members of any building or structure, such as bearing walls, columns, joists, beams, girders and the like.
APARTMENT. See DWELLING UNIT.
APARTMENT HOTEL. A building designed for or containing both dwelling units and individual guest rooms or suites of rooms, which building may include accessory uses such as a cigar store or coffee shop when such uses are accessible only from the lobby.
AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision services, painting and steam cleaning of vehicles.
AUTOMOBILE SERVICE STATION. A building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or minor accessories, and other customary incidental service. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the use shall be classified as a public garage.
AUTOMOBILE WRECKING. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT. The portion of a building the floor of which is more than two feel below grade and the ceiling of which is more than four feet six inches above grade. A BASEMENT shall be included for purposes of bulk and height measurement if used for dwelling or business purposes.
BED AND BREAKFAST (B&B). A converted single-family dwelling operated and maintained by the resident owner which allows for and accommodates no more than five rooms for overnight transient guests, and whereas signage, tax, fire, building and health requirements are met according to local zoning, county or state regulations.
BEGINNING OF CONSTRUCTION. The incorporation of labor and material within the walls of the building or buildings; the incorporation of labor and materials at the site, lot or parcel where a building is to be constructed; the incorporation of labor and material where land is to be used for purposes other than construction of a building.
BILLBOARD or SIGNBOARD. Any sign situated on private premises on which the written or pictorial information is not directly related to the use of the land on which such sign is located. A display sign is a structure that is arranged, intended or designed or used as an advertisement, announcement or direction.
BOARDING HOUSE. A dwelling or part thereof where lodging and meals for three or more persons are served for compensation by previous arrangement but not transients.
BOAT. Any structure designed and constructed in such manner as will permit transport upon water, or any number of persons and any amount of cargo and powered either by oars, sails or motors, or any combination thereof. This definition shall also include any wheeled vehicle used for transporting such structure, and commonly known as a boat trailer.
BUILDING. Any permanent, stationary structure constructed or used for residential, business, industrial or public use. Said structure has four walls, a roof and is attached permanently to the ground.
BUILDING LINE. The line beyond which no building or part thereof shall project, except as otherwise provided by this chapter.
BUILDING, FRONT LINE OF. The line of that face of the building nearest the front line of the lot including sun parlors and screened-in porches.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated.
BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more automobile house trailers, tents, cabins or other camping outfits.
CELLAR. The portion of a building, the ceiling of which is entirely below or less than four feet six inches above grade. No cellar or portion thereof shall be used as a complete dwelling unit and the cellar shall not be included in bulk or height measurements.
CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention, but who are not provided with room or board or kept overnight on the premises.
CLUB. A building or portion thereof or premises owned, used or operated by a corporation, association, person or persons for social, educational or recreational purposes but not primarily for profit or to render a service which is customarily carried on as a business.
COMMISSION. Planning Commission of the Village of Bluffton, Ohio.
DISTRICT.
(1) All properties or lots of the same use, height and area classification which adjoin or are continuous without intervening property of another classification and regardless of any street, alley, easement or reserve that may intervene shall constitute a district.
(2) The greatest dimensions of the area included in a district shall be the length of the projection of the district upon the centerline of a street which passes through the district or upon which the property abuts, such projections being made at right angles to the street.
DRY CLEANING ESTABLISHMENT. A use involving the cleaning or dyeing of fabrics by the use of mechanical appliances and the use of chemicals or products other than water.
DWELLING. Any permanent building or portion thereof which is designed for or used exclusively for residential purposes containing one or more dwelling units.
DWELLING, MULTIPLE. A building or portion thereof, containing three or more dwelling units and designed for or occupied as the home of three or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A detached building containing one dwelling unit and designed for or occupied by only one family.
DWELLING, TWO-FAMILY. A detached or semi-detached building containing two dwelling units and designed for or occupied by two families.
DWELLING UNIT. A group of rooms located within a building and forming a single-habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating purposes.
ERECT. Construct, build, raise or establish either under, upon or above the ground surface.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal or other governments of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment, and accessories in connection therewith; reasonable necessity for the furnishing of adequate service by such public utilities or municipal or other government or for the public health or safety or general welfare, but not including buildings.
EXPLOSIVE. A chemical or material used to create an explosion.
EXTEND. To enlarge or increase area used or occupied.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, provided that unless all members are related by blood, adoption or marriage, no such family shall contain over five persons.
FLOOR AREA. The sum of the gross horizontal areas of the several stories of a building measured from the exterior faces of the building, including any basement but excluding garages, breezeways and porches whether or not enclosed.
FRONT OF A BUILDING, FRONT LINE OF A BUILDING, BUILDING LINE. Respectively, that portion, building line or yard line, adjacent to or fronting on a street or alley line in the sense of affording principal access to the building.
FRONTAGE. All of the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street or the entire street if not intersected, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE. An accessory building or portion of a main building designed or used for the parking or temporary storage of motor vehicles owned or used by the occupants of the building to which it is accessory; not more than one of such vehicles may be a commercial vehicle not exceeding one and one half ton capacity. Within a PRIVATE GARAGE no occupation, trade, business or service connected in any way with motor vehicles may be carried on.
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven or related vehicles.
GARAGE, STORAGE. A building or portion thereof designed or used exclusively for storage of motor driven or related vehicles and at which motor fuels and oils are not sold and such vehicles are not equipped, serviced, repaired, hired or sold.
GRADE.
(1) (a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(b) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets.
(c) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
(2) Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. Where no sidewalk exists or where none of the walls adjoin a street line for the purposes of this chapter, the GRADE shall be established by the Director of Village Services.
HOME OCCUPATION. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for the dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barber shop, beauty parlor, tea room, tourist home, animal hospital or any similar use shall not be deemed to be a HOME OCCUPATION.
HOME, TOURIST. A building or part thereof where lodging is provided by a resident in his or her home for compensation, mainly for transients.
HOSPITAL. An institution equipped for the overnight stay of persons for surgical or medical care of sick, injured or infirmed persons.
HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office normally supervised by a person in charge at all hours. As such, it is open to the public as distinguished from a boarding house, a lodging house or an apartment which are herein separately defined.
INDUSTRY. Embraces any operation involving the manufacture, production, processing or conversion of any material into a finished product, or product needing only a relatively small degree of further processing to result in its capability for sale as an article of use.
INSTITUTION. A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNK. Any personal property which is or may be salvaged for reuse, resale, reduction or similar disposition or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for the aforesaid purposes.
JUNK YARD. Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, salvaged machinery and the processing of used, discarded or salvaged materials as part of manufacturing operations.
KENNEL, DOG KENNELS. The keeping and care of more than three dogs that are more than six months old.
LAUNDRY, AUTOMATIC. A business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises or operated for the benefit of retail customers who bring in and call for laundry.
LEAST DIMENSION. The LEAST DIMENSION OF A LOT is the least of the horizontal dimensions of such lot, and if two opposite sides of a lot are not parallel, such least dimensions shall be deemed to be the mean distance between them, but shall be not less than 60% of the longest of such distance.
LOADING SPACE. A space within the main building or on the same lot providing for the parking, loading or unloading of trucks. The space having a minimum distance of 12 by 35 feet in length and a vertical clearance of at least 14 feet in height.
LODGING OR ROOMING HOUSE. A dwelling or part thereof where lodging is provided for three or more but not more than 20 persons.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open space and parking spaces required by this chapter and having its principal frontage upon a street or upon an officially approved place.
LOT, AREA. The total area (depth times width) within the lot lines of a lot, not including any portion of a publicly dedicated street or road right-of-way.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF. The average horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT LINES. The property lines between two established parcels of land or one parcel and public property.
(1) The FRONT LOT LINE is the line separating the lot from a street. In the case of corner lots, the street lot line of least dimension shall be deemed to be the front lot line and the other street lot line, or lines, shall be deemed to be side lot lines, except in cases where deed restrictions or usage in effect specify another line as the front lot line. In the event such street lot lines are of equal dimensions, the FRONT LOT LINES shall be as designated by the Board of Zoning and Building Appeals.
(2) The REAR LOT LINE is the lot line opposite and most distant from the front lot line.
(3) The SIDE LOT LINE is any lot line other than a front or rear lot line.
(4) A STREET LOT LINE is the lot line separating the lot from a street, an alley lot line is the line separating the lot from an alley.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Allen County, Ohio; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Allen County, Ohio.
LOT, THROUGH. A lot having frontage on two streets, as distinguished from a corner lot.
LOT, WIDTH OF. The distance measured between the side lot lines at the building line.
MEDICAL CENTER. A principal building used by one or more physicians, surgeons or dentists as offices, clinics, laboratories and operating rooms for the diagnosis and treatment of human ailments and the care of patients before and after minor operations.
MINERAL. Any chemical compound occurring naturally as a product of inorganic processes.
MIXED OCCUPANCY. A single piece of property on which two or more different uses, as defined in this chapter, is contemplated or in existence.
MOTEL or MOTOR HOTEL. A series of attached, semi-attached or detached sleeping or living units, for the accommodation of automobile transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
NONCONFORMING USES. A lawful use of land or of a building, or portion thereof, at the effective date of this chapter or at the effective date of an amendment thereto or change of the district map which use does not conform after the passage of this chapter or amendment thereto or change in the district map with the use requirements of the district in which it is situated.
NURSING HOME. A home for the aged, chronically ill or incurable persons in which three or more persons not of immediate family are received, kept and provided with food, or shelter and care, for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
OCCUPANCY, CERTIFICATE OF. A statement, signed by the Zoning Inspector, setting forth that the use of the land, building or structure at a specific location complies with the this zoning chapter or is a nonconforming use and why.
PARKING LOT. An area of land, the primary use of which is for the parking of motor vehicles.
PARKING SPACE. A surfaced area, either enclosed in the main building or in an accessory building or unenclosed, having an area of not less than 200 square feet exclusive of driveways, for the parking of one automobile and connected with a street or alley in a surfaced driveway which affords satisfactory ingress and egress.
PERSON. Includes an individual, partnership, corporation, club or association.
PLANNED UNIT DEVELOPMENT. An area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
PORCH. A roofed, open structure projecting from the front, side or rear wall of the building without any enclosed features of glass, wood or other material, except screens, and support structures.
PREMISES. Includes lands and all things of a permanent nature which may be appurtenant thereto.
PRIVATE RESIDENCE. A place of usual or customary abode.
PROFESSIONAL OFFICE. Office of members of recognized professions such as an architect, artist, dentist, engineer, musician, physician, surgeon, surveyor or other professional person.
PUBLIC NOTICE. Public notice as used in conjunction with this chapter shall mean and conform to the provisions of R.C. § 713.12 (1970 S159 eff. 6-1-1970, 128 v 128, 127 v 363).
PUBLIC SERVICE FACILITIES. Utility installations, buildings and distribution facilities providing service to the general public, including electric power plants, water treatment plants, sewage disposal installations, communication facilities and repair and storage buildings and areas incident to such facilities not including railroads and railroad facilities.
PUBLIC UTILITY. Any person, firm, corporation, municipal department or board, duly authorized to furnish under state or municipal legislation, to the public electricity, sewers, gas, communication services, transportation or water.
REAR OF A BUILDING, REAR LINE OF A BUILDING, REAR YARD LINE. Respectively that portion, building line or yard line opposite to the front line of a building, whether or not affording service access to the building.
REGIONAL PLANNING COMMISSION. The Lima-Allen County Regional Planning Commission.
RESIDENCE. A general term implying a place of human habitation and embracing either single- family house or multiple-family house as defined in this chapter.
RETAIL FILLING STATION. See AUTOMOBILE SERVICE STATION.
ROADSIDE STAND. A temporary structure designed or used for the display or sale of a agricultural products produced on the premises upon which a stand is located.
SETBACK. The minimum horizontal distance between the street line and the building or any projection thereof, excepting such projection as may be allowed by this chapter and subsequent amendments thereto.
SHALL. As used in this chapter is always mandatory.
SIGN.
(1) A name, identification, description, display or illustration which is affixed to, painted or represented, directly or indirectly upon a building structure, parcel or lot and which directs attention to an object, product, place, activity, person, institution, organization or business.
(2) A SIGN shall not include official court or government notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religion. Further, it shall not include the display of merchandise in a window but shall include temporary or permanent signs attached to the outside or inside of a window.
SIGN, AREA OF. The total exterior surface computed in square feet of a sign having but one exposed exterior surface, one-half of the total of the exposed exterior surface computed in square feet of a sign having more than one such surface.
SLAUGHTERHOUSE. A use or building arranged, used or devoted to the killing of animals.
STABLE, COMMERCIAL. A stable for horses, donkeys, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.
STABLE, PRIVATE. An accessory building for the keeping of horses, donkeys, mules or ponies owned by the occupant of the premises and not kept for remuneration, hire or sale.
STANDARD EQUIPMENT. A criterion for the control of specific types of industrial equipment and the placement (or installation) of said industrial equipment relating to a specific manufacturing plant or process.
STANDARD PERFORMANCE. A set of standards (instructions) established by the manufacturer of industrial equipment concerning the proper operation of said manufacturing equipment. These standards being developed by the manufacturer in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses affected by the industrial equipment.
STORY. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are more than two feet, but not more than five feet above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.
STREET. A public or private way dedicated to public travel 30 feet or more in width. The word STREET shall include the words road, highway and thoroughfare, and shall also include avenue, drive, circle, parkway, boulevard and/or other similar term.
STREET ROAD LINE, ALLEY LINE. A dividing line between a lot, tract or parcel of land and continuous street, road or alley.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, including but without limiting the generality of the foregoing; advertising signs, billboards, backstop for tennis courts and per goals.
SUITABLY SCREENED OR FENCED. A neat, orderly and healthy screen of evergreen or other suitable plant material not less than three feet in height and with an expected normal growth of at least five feet in height, protected by a galvanized wire line fence of at least five feet in height. A wooden or masonry fence or other landscaping may be substituted for the screening and wire link fence when appropriate. Bumper guards or wheel stops to prevent damage to the screen or fence by automobiles shall be provided when the required screen or fence surrounds parking lots or spaces.
TERRACE. A natural or artificial embankment between a building and its lot line. The HEIGHT OF TERRACE shall be the difference in elevation between the curb level and the top of the terrace at the center of the building wall.
THOROUGHFARE. An officially designated federal or state numbered highway, county, township or village road designated as a thoroughfare on the village comprehensive plan including any amendments thereto.
TRADE. Such commercial activities as are entailed in the interchange of goods and materials but does not include operations dealing with the manufacture of goods and materials.
TRAILER or MOBILE HOME. Any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade or used as a selling or advertising device and so designed that it is or may be mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks.
TRAILER CAMP or MOBILE HOME CAMP. Any park, trailer park, trailer court, camp, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any trailer coach and upon which any trailer coach is parked and shall include all buildings used or intended for use as part of the equipment thereof whether a charge is made for the use of the trailer camp and its facilities or not. TRAILER CAMP or MOBILE HOME CAMP shall not include automobile or trailer sale lots on which unoccupied trailers are parked for purposes of inspection and sale.
USE. The purpose for which either land or building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
VARIANCE. A relaxation of the terms of this zoning chapter. Where such VARIANCE will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a VARIANCE is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district, unless so authorized by this chapter.
YARD. An open space at grade between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. An open, unoccupied space on the same lot with the building extending across the entire width of the lot between the principal building and the right-of-way line or street line which the building faces.
YARD, REAR. The open, unoccupied space on the same lot with the building extended across the entire width of the lot between the rear lot line and the nearest part of the principal building.
YARD, SIDE. An open unoccupied space on the same lot with the building extending along the side lot line from the front yard to the rear yard and lying between the side lot line and nearest part of the principal building.
ZONING INSPECTOR. The Zoning Inspector of the Village of Bluffton, Ohio, or his or her authorized representative.
ZONING MAP. The zoning map of the Village of Bluffton, Ohio, together with all amendments subsequently adopted.
(Ord. 16-79, passed 10- -1979; Ord. 2-99, passed 2-8-1999; Ord. 07-2020, passed 7-13-2020)